RUDRAPPA Vs. EXECUTIVE ENGINEER UPPER TUNGA PROJECT RATTIHALLI

JUDGEMENT

(1.) By issue of notification under Section 4(1) of the Land Acquisition Act, 1894 ('the Act', for short), the properties of the appellants was proposed to be acquired for Upper Tunga Project. Subsequently, a declaration under Section 6(1) of the Act was published and the properties of the appellants were acquired. The Land Acquisition Officer passed the awards on the different dates, which were not accepted and reference under Section 18 (1) of the Act was made to the Civil Court for determination of the market value of the acquired lands. The Reference Court by a common judgment dated 09.07.2010 allowed the reference in part with costs and the market value of the properties was fixed at Rs.1,32,000/- per acre, with statutory benefits. R.P.No.2/2010 was filed by the claimant in LAC No.210/2008 and was dismissed on 11.04.2012. The said order was assailed by the said claimant in CRP No.1077/2012 and the same was dismissed on 03.07.2014. The claimants in the other cases decided by the Reference Court did not initiate any proceedings in the nature of appeal, review etc. All the claimants before the Reference Court filed separate appeals, under Section 54(1) of the Act, in the District Court, Haveri, sitting at Ranebennur. Along with appeals, separate I.As. under Section 14 of the Limitation Act, 1963 was filed. The first Appellate Court by its common judgment dated 04.08.2015 allowed the appeals and fixed the market value of the properties involved in the appeals at Rs.2,40,000/- per acre. However, it held that the appellants are not entitled to interest from the date award was passed in the Reference Court, till the appeals were filed before it. Feeling aggrieved, the claimants have filed these appeals i.e., with regard to denial of interest on the enhanced compensation at the rate of Rs.2,40,000/- per acre for the period from 09.07.2010 till 11.08.2014.

(2.) Heard the learned advocates on both sides and perused the record.

(3.) Except the claimant in LAC No.210/2008, who filed appeal No.240/2014 in the Court below, none of the other claimants took any steps to assail the award passed by the Reference Court, till 11.08.2014. However, along with the appeals filed by them, applications under Sections 14 of the Limitation Act, 1963 were filed.